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Permit No.: VA0088579 Effective Date: Expiration Date: [5 years after effective date] 2 3 AUTHORIZATION TO DISCHARGE UNDER THE 4 VIRGINIA STORMWATER MANAGEMENT PROGRAM AND THE VIRGINIA STORMWATER 5 MANAGEMENT ACT 6 7 Pursuant to the Clean Water Act as amended and the Virginia Stormwater Management Act and regulations 8 adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent 9 limitations, monitoring requirements, and other conditions set forth in this permit.
Permittee: Arlington County Facility Name: Arlington County Municipal Separate Storm Sewer System County Location: Arlington County is 26 square miles in area and is bordered by the Potomac River to the North and East, the City of Alexandria to the South, and Fairfax County to the West and South. 10 11 The owner is authorized to discharge from municipal-owned storm sewer outfalls to the surface waters in 12 the following watersheds: 13 Watersheds: Stormwater from Arlington County discharges into four 6th order hydrologic units: PL23 (Potomac River-Nichols Run-Scott Run), PL24 (Potomac River- Pimmit Run), PL25 (Potomac River-Fourmile Run), PL26 (Cameron Run)
There are 11 major watersheds: Gulf Branch, Donaldson Run, Potomac River (A), Windy Run, Spout Run, Colonial Village/Rocky Run, Potomac River (B), Four Mile Run (contains the following major streams: Lower Long Branch, Doctor’s Branch, Lubber Run, and Upper Long Branch), Little Pimmit Run, Pimmit Run, and Roaches Run
River Basin: Potomac Sections: 6, 7, 8 Classes: II, III Special Standards: b 14 15 The authorized discharge shall be in accordance with this cover page, Part I – Authorization, Effluent 16 Limitations and Monitoring Requirements and Part II - Conditions Applicable To All VSMP Permits, as set 17 forth herein. 18 19 ______20 Director, Department of Conservation and Recreation 21 22 ______23 Date 24 Permit No. VA0088579 Page 1 of 42
25 PART I-AUTHORIZATION, EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS 26 27 A. DISCHARGES AUTHORIZED UNDER THIS PERMIT 28 29 1. Authorized Discharges 30 31 a) This permit authorizes the discharge of stormwater from all existing and new municipal 32 separate stormwater point source discharges to surface waters from the Municipal Separate 33 Storm Sewer System (MS4) owned or operated by the County of Arlington, Virginia. 34 35 b) The following discharges, whether discharged separately or commingled with municipal 36 stormwater, are also authorized by this permit for discharge through the MS4: 37 38 1) Non-stormwater discharges and stormwater discharges associated with industrial activity 39 (defined at 9 VAC 25-31-10) that are authorized by a separate Virginia Pollutant 40 Discharge Elimination System (VPDES) permit; 41 42 2) Discharges from construction activities that are regulated under the Virginia Stormwater 43 Management Program (VSMP) (4VAC 50-60-10 et. seq.) and authorized by a separate 44 VSMP permit; and 45 46 3) The following non-stormwater discharges unless the State Water Control Board or the 47 Virginia Soil and Water Conservation Board (Board) determines the discharge to be a 48 significant source of pollutants to surface waters: 49 50 (a) water line flushing; 51 52 (b) landscape irrigation; 53 54 (c) diverted stream flows; 55 56 (d) rising ground waters; 57 58 (e) uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)); 59 60 (f) uncontaminated pumped ground water; 61 62 (g) discharges from potable water sources; 63 64 (h) foundation drains; 65 66 (i) air conditioning condensation; 67 68 (j) irrigation water; 69 70 (k) springs; 71 72 (l) water from crawl space pumps; 73 74 (m) footing drains;
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75 76 (n) lawn watering; 77 78 (o) individual residential car washing; 79 80 (p) flows from riparian habitats and wetlands; 81 82 (q) dechlorinated swimming pool discharges; 83 84 (r) street wash water; 85 86 (s) discharges or flows from fire fighting; and, 87 88 (t) other activities generating discharges identified by the Department of 89 Environmental Quality as not requiring VPDES authorization. 90 91 4) Materials from a spill are not authorized unless the discharge of material resulting from a 92 spill is necessary to prevent loss of life, personal injury, or severe property damage. The 93 permittee shall take, or require the responsible party to take, all reasonable steps to 94 minimize or prevent any adverse effect on human health or the environment in 95 accordance with the permittee’s program under Part I.B.2.g) (Spill Prevention and 96 Response). This permit does not transfer liability for a spill itself from the party(ies) 97 responsible for the spill to the permittee nor relieve the party(ies) responsible for a spill 98 from the reporting requirements of 40 CFR Part 117 and 40 CFR Part 302. The 99 permittee is responsible for any reporting requirement listed under Part II.G of this permit. 100 101 2. Permittee Responsibilities 102 103 This permit establishes the specific requirements applicable to the permittee for the term of this 104 permit. The permittee is responsible for compliance with this permit. The permittee shall implement 105 and refine the MS4 Program Plan (as set forth in Part I.B) to ensure compliance with this permit. 106 The Department has determined that this program reduces the discharge of pollutants to the 107 maximum extent practicable. Where wasteloads have been allocated for pollutant(s) of concern in 108 an approved TMDL, the permittee shall implement the special conditions as set forth in Part I.D of 109 this permit. Compliance with the requirements of this permit shall also constitute adequate progress 110 for this permit term towards complying with the assumptions and requirements of the applicable 111 TMDL wasteload allocations, and such that the discharge does not cause or contribute to violation 112 of the water quality standards. 113 114 The permittee shall clearly define the roles and responsibilities of each of the permittee’s 115 departments, divisions or subdivisions in maintaining permit compliance. If the permittee relies on 116 another party to implement portions of the MS4 Program Plan, both parties must document the 117 agreement in writing. The agreement shall be retained by the permittee with the MS4 Program 118 Plan. Roles and responsibilities shall be updated as necessary. Where the permittee relies on 119 another party to implement a portion of this permit, responsibility for compliance with this permit 120 shall remain with the permittee. 121 122 In the event the permittee is unable to meet conditions of this permit due to circumstances beyond 123 the permittee's control, a written explanation of the circumstances that prevented permit compliance 124 shall be submitted to the Department in the annual report. Circumstances beyond the permittee’s
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125 control may include abnormal climatic conditions; weather conditions that make certain 126 requirements unsafe or impracticable; or unavoidable equipment failures caused by weather 127 conditions or other conditions beyond the reasonable control of the permittee (operator error and 128 failure to properly maintain equipment are not conditions beyond the control of the permittee). The 129 failure to provide adequate program funding, staffing or equipment maintenance shall not be an 130 acceptable explanation for failure to meet permit conditions. The Board will determine, at its sole 131 discretion, whether the reported information will result in an enforcement action. In addition, the 132 permittee must report noncompliance which may adversely affect surface waters or endanger 133 public health in accordance with Part II.I. 134 135 SPECIFIC REPORTING REQUIREMENTS: 136 137 Each annual report shall include a current list of roles and responsibilities.. 138 Each annual report shall include a list of those episodes of non-compliance. 139 140 3. Legal Authority 141 142 The permittee shall maintain and utilize its legal authority authorized by the Commonwealth of 143 Virginia to control discharges to and from the MS4 in the manner established by the specific 144 requirements of this permit. The legal authority shall enable the permittee to: 145 146 a) Control the contribution of pollutants to the MS4; 147 148 b) Prohibit illicit discharges to the MS4; 149 150 c) Control the discharge of spills and the dumping or disposal of materials other than stormwater 151 (e.g. industrial and commercial wastes, trash, used motor vehicle fluids, leaf litter, grass 152 clippings, animal wastes, etc.) into the MS4; 153 154 d) Require compliance with conditions in ordinances, permits, contracts, inter-jurisdictional 155 agreements, or orders; and, 156 157 e) Carry out all inspections, surveillance and monitoring procedures necessary to determine 158 compliance and noncompliance with permit conditions including the prohibition on illicit 159 discharges to the MS4. 160 161 The permittee shall review and update its ordinances and other legal authorities such as permits, 162 orders, contracts and inter-jurisdictional agreements as necessary to continue providing adequate 163 legal authority to control discharges to and from the MS4. 164 165 166 4. MS4 Program Resources 167 168 The permittee shall include a copy of each fiscal year’s budget including its proposed capital and 169 operation and maintenance expenditures necessary to accomplish the activities required by this 170 permit. The permittee shall describe its method of funding the stormwater program with the copy of 171 the fiscal year budget. 172 173 SPECIFIC REPORTING REQUIREMENTS: 174
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175 A copy of the fiscal analysis shall be submitted with each annual report. 176 177 5. Permit Maintenance Fees 178 179 Permit maintenance fees shall be paid in accordance with Part XIII of the Virginia Stormwater 180 Permitting Program regulations (4VAC50-60-700 et seq.). 181 182 SPECIFIC REPORTING REQUIREMENTS: 183 184 A statement regarding payment of the applicable MS4 permit maintenance fee, including 185 check date and check number shall be included with each annual report. Note: Please 186 do not include copies of checks or other bank records. 187 188 6. MS4 Program Plan 189 190 The permittee shall maintain, implement and enforce an MS4 Program Plan accurately 191 documenting the MS4 Program including all additions, changes and modifications. For the 192 purposes of this permit, the MS4 Program Plan is considered a single document, but may actually 193 consist of separate documents including all future annual reports. Policies, ordinances, strategies, 194 checklists, watershed plans and other documents may be referenced provided the latest revision 195 date is included in the reference and all documents are available upon request. Specific reference 196 shall be made to any ordinance more stringent than the VSMP Program regulations (4VAC 50-60- 197 10 et. seq.), the Virginia Erosion and Sediment Control Law (§ 10.1-561 et. seq.) and Regulations 198 (4VAC 50-30-10 et.seq.) and the Chesapeake Bay Preservation Act (§ 10.2100 et. seq.). The most 199 recent MS4 Program Plan shall be posted on the permittee's website, or provided in another 200 location easily accessible to the public. Approvable updates to the MS4 program plan shall be 201 submitted to, reviewed and accepted by the department in accordance with the due dates 202 established by this permit. Unless specifically denied by the Department in writing, updates to the 203 MS4 Program Plan become effective and enforceable 60-days after the date received by the 204 Department. 205 206 SPECIFIC REPORTING REQUIREMENTS: 207 208 Utilizing the fiscal year 2011 annual report as a baseline, the permittee’s first annual 209 report submitted under this permit (Initial Report) shall include the necessary updates to 210 describe implementation of this permit and meet the conditions described in this section. 211 212 NOTE: For purposes of the next permit cycle, the fourth annual report submitted under 213 this permit will be considered the updated MS4 Program Plan to be reviewed as part of 214 permit reissuance. 215 216 7. MS4 Program Review and Updates 217 218 MS4 Program Review: The permittee will review the current MS4 Program annually, in conjunction 219 with the preparation of the annual report required under Part I.E of this permit. 220 221 a) MS4 Program Updates and Modifications: 222 223 Modifications to the MS4 Program are expected throughout the life of this permit as part of the 224 iterative process to reduce pollutant loading and protect water quality. As such, modifications
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225 made in accordance with this permit as a result of the iterative process do not require 226 modification of this permit unless the Department determines the changes meet the criteria 227 referenced in 4VAC50-60-630 or 4VAC50-60-650. 228 229 Updates and modifications to the MS4 Program may be made during the life of the permit in 230 accordance with the following procedures: 231 232 1) Adding (but not eliminating or replacing) components, controls, or requirements to the 233 MS4 Program may be made by the permittee at any time. Additions shall be reported as 234 part of the annual report. 235 236 2) Updates and modifications to specific standards and specifications, schedules, operating 237 procedures, ordinances, manuals, checklists and other documents routinely evaluated 238 and modified are authorized under this permit provided that the updates and 239 modifications are done in a manner that is consistent with the conditions of this permit, 240 public notice and participation requirements established in this permit are followed, and 241 all changes are documented in the annual report. 242 243 3) Replacing, or eliminating without replacement, any ineffective or infeasible strategies, 244 policies and Best Management Practices specifically identified in this permit with 245 alternate strategies, policies and Best Management Practices (BMP) may be requested 246 at any time. Such requests must include the following: 247 248 (a) An analysis of how and / or why the BMP, strategy or policy is ineffective or 249 infeasible (including cost prohibitive); 250 251 (b) Expectations on the effectiveness of the replacement BMP, strategy or policy; 252 253 (c) An analysis of how the replacement BMP is expected to achieve the goals of the 254 BMP to be replaced; 255 256 (d) A schedule for implementing the replacement BMPs, strategies and policies; 257 258 (e) An analysis of how the replacement strategies and policies are expected to improve 259 the permittee’s ability to meet the goals of the strategies and policies being replaced; 260 and, 261 262 (f) Requests or notifications must be made in writing to the Department and signed in 263 accordance with 4VAC 50-60-370 of the VSMP Permit Regulations, and must be 264 sent by Certified Mail. Unless specifically denied by the Department in writing, 265 requests for modifications to the MS4 Program Plan become effective 60-days after 266 the date received by the Department. Major modifications to the MS4 Program Plan 267 as defined in 4VAC 50-60-10 may require that the permit be reopened and modified 268 pursuant to 4VAC50-60-630. 269 270 b) MS4 Program Updates Requested by the Department of Conservation and Recreation: 271 272 In a manner and following procedures in accordance with the Virginia Administrative 273 Processes Act, the Virginia Stormwater Management regulations and other applicable State 274 laws, statutes and regulations, the Department may request changes to the MS4 Program to
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275 assure compliance with the statutory requirements of the Virginia Stormwater Management Act 276 and associated regulations and to: 277 278 1) Address impacts on receiving water quality caused by discharges from the MS4; 279 280 2) Include more stringent requirements necessary to comply with new State or Federal 281 statutory or regulatory requirements; or 282 283 3) Include such other conditions necessary to comply with State or Federal statutory or 284 regulatory requirements: 285 286 Proposed changes requested by the Department shall be made in writing and set forth the 287 basis for and objective of the modification as well as the proposed time schedule for the 288 permittee to develop and implement the modification. The permittee may propose alternative 289 program modifications and/or time schedules to meet the objective of the requested 290 modification, but any such modifications are at the discretion of the Department. 291 292 SPECIFIC REPORTING REQUIREMENTS: 293 294 All modifications and proposed modifications shall be reported in accordance with 295 this section of the permit. 296 297 B. STORMWATER MANAGEMENT 298 The following subparts describe the requirements for the permittee to implement in its MS4 Program 299 during this permit term: 300 301 1. Planning 302 303 The permittee shall complete the Stream Assessment and Watershed Retrofit planning components 304 of its Stormwater Master Plan by December 31, 2013. The watershed retrofit plans shall evaluate 305 and prioritize retrofit opportunities within the public right-of-way and on County properties. 306 307 The permittee shall continue to seek public comment in development of the updated plan. A copy 308 of the completed plan shall be placed on the permittee’s web-site. 309 310 SPECIFIC REPORTING REQUIREMENTS: 311 312 The permittee shall provide the Department a web link to the stream assessment and 313 watershed retrofit planning components of the updated Stormwater Master Plan on or before 314 December 31, 2013. 315 316 2. MS4 Program Implementation 317 318 a) Construction Site Runoff 319 320 1) The permittee shall continue to implement a local erosion and sediment control program to 321 reduce the discharge of pollutants from land disturbing activities that is consistent with the 322 Virginia Erosion and Sediment Control Law and attendant regulations. If through a 323 Department Erosion and Sediment Control Program Review, the permittee’s program is 324 not found to be consistent with the Virginia Erosion and Sediment Control Laws and
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325 Regulations, the permittee must implement all required items detailed in an approved 326 Corrective Action Agreement (CAA) with the Board in accordance with the schedule in the 327 CAA. 328 329 2) The permittee shall require erosion and sediment controls in areas identified by the 330 County as erosion impact areas as defined at § 10.1-560 of the Code of Virginia. 331 332 3) The permittee shall maintain an accurate list of all stormwater management controls in the 333 MS4 program plan that are more stringent than those required under 4VAC 50-30 et seq. 334 that have been adopted by ordinance in accordance with § 10.1-570 of the Code of 335 Virginia. 336 337 4) On a monthly basis (or in accordance with an alternative schedule provided in writing by 338 the Department), the permittee shall submit to the Department a list of approved land 339 disturbing activities that are 1) greater than or equal to one acre, 2) part of a common plan 340 of development or sale that results in an overall land disturbance that is greater than one 341 acre or 3) a land disturbance greater than 2,500 square feet occurring in a Resource 342 Management Area or Resource Protection Area as defined at 4VAC 50-90-40. For each 343 land-disturbing activity, the permittee shall submit: the activity’s location, total acreage 344 disturbed and land disturber’s contact information. 345 346 5) The permittee shall require that large construction activities and small construction 347 activities as defined at 4VAC 50-60-10 including municipal construction activities have 348 secured separate VSMP authorizations to discharge stormwater. 349 350 6) The permittee shall require the implementation of appropriate controls to minimize 351 pollutant discharge from non-stormwater discharges, such as wastewater, concrete 352 washout, fuels and oils, and other illicit discharges identified during land disturbing activity 353 inspections. 354 355 SPECIFIC REPORTING REQUIREMENTS: 356 357 Each annual report shall contain the number of regulated land disturbing activities 358 approved and the total number of acres disturbed. 359 360 Each annual report shall contain the number of inspections conducted and the 361 number and type of each enforcement action taken. 362 363 b) Post Construction Runoff from Areas of New Development and Development on Prior 364 Developed Lands 365 366 1) The permittee shall continue enforcement of local ordinances related to the control of 367 stormwater runoff from new development and development on prior developed lands. 368 Local ordinances shall be updated as required by statutory or regulatory requirements in 369 order to remain consistent with Virginia Stormwater Management Program Regulations 370 (4VAC 50-60 et. seq.). 371 372 2) The permittee shall maintain and update as necessary a list of all stormwater 373 management controls in the MS4 program plan that are more stringent than those 374 required under 4VAC 50-60 et seq. that have been adopted by ordinance in accordance
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375 with § 10.1-603.7 of the Code of Virginia. The permittee shall continue to approve plans 376 implementing these additional stormwater management controls in areas identified by the 377 County as requiring additional water quality protection under the provisions of the 378 Arlington County Code. 379 380 3) Where the permittee has adopted more stringent requirements or implemented a regional 381 or watershed-wide stormwater management plan, it may request, in writing, that the 382 Department consider these requirements as part of its review of state projects within the 383 County’s jurisdictional boundaries. 384 385 4) The permittee shall maintain and update as necessary a list of all stormwater 386 management controls in the MS4 program plan that are more stringent than those 387 required under 4VAC 50-30-10 et seq. that have been adopted by ordinance in 388 accordance with § 10.1-570 of the Code of Virginia. 389 390 5) The permittee shall continue to require adequate long-term operation and annual 391 maintenance of stormwater management facilities by the responsible party. The permittee 392 shall retain copies of these maintenance instruments for its use. 393 394 Should the permittee choose a strategy other than a maintenance agreement to address 395 long term maintenance of stormwater control measures that are designed to treat 396 stormwater runoff solely from the individual residential lot on which they are located, the 397 permittee shall develop a written strategy no later than 12-months after the effective date 398 of this permit. Such a strategy may include periodic inspections, homeowner outreach 399 and education, maintenance agreements or other methods targeted at promoting the long 400 term maintenance of such facilities. 401 402 6) Stormwater management facilities shall be tracked in accordance with Part I.B.2.i)7) of 403 this permit. 404 405 SPECIFIC REPORTING REQUIREMENTS: 406 407 The initial report shall include the permittee’s strategy to address maintenance of 408 stormwater management controls that are designed to treat stormwater runoff solely 409 from the individual residential lot on which they are located. 410 411 By July 1, 2014, the permittee shall submit to the Department a list of all land 412 disturbing projects that qualify under the ‘Grandfathering’ provision of the VSMP 413 regulations found at 4VAC50-60-48. 414 415 Each annual report shall include a summary of actions taken by the permittee to 416 implement statutory and regulatory requirements of the Virginia Stormwater 417 Management Program Regulations. 418 419 c) Retrofitting on Prior Developed Lands No later than 12-months after the effective date of 420 this permit, the permittee shall identify at least seven (7) retrofit projects from its watershed 421 retrofit plans that will be implemented within the County right-of-way or on specific County 422 properties no later than 60-months after the effective date of this permit. The permittee shall 423 submit a summary of the projects and the schedule for implementation to the Department. The 424 permittee may substitute alternative retrofit projects if opportunity exists provided that similar
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425 screening is applied to the substituted project as that in the watershed retrofit plans. 426 427 The permittee shall implement tree planting and replacement programs as follows: 428 429 1) Plant a minimum of 2,000 trees on County parkland and County-owned rights-of-way no 430 later than 60-months after the effective date of this permit. 431 432 2) Implement a program designed to distribute a minimum of 2,000 trees to private property 433 owners during the term of this permit. 434 435 The permittee shall track the number of retrofit projects, type of land use being retrofitted, total 436 acreage retrofitted and retrofit type by the watershed identified in the retrofit study and location 437 by latitude and longitude in hours, minutes and seconds. 438 439 The permittee shall implement its StormwaterWise Landscapes program to provide cost- 440 sharing and technical assistance for the installation of small-scale practices to reduce 441 stormwater runoff from private properties. No later than 60-months after the effective date of 442 this permit, the permittee shall have implemented this program at a level funded to 443 accommodate a minimum of 200 potential participants. 444 445 SPECIFIC REPORTING REQUIREMENTS: 446 447 Each annual report shall include a list in an electronic format provided to the 448 Department of retrofits completed during the reporting cycle. This list shall include 449 the type of retrofit, total acreage controlled, total impervious and pervious acreage 450 controlled and latitude and longitude. 451 452 Each annual report shall provide a summary of the StormwaterWise program for the 453 year as well as cumulative for the permit cycle, including the program 454 announcement information, the number of applicants, the number of participants 455 selected, the number of participants with completed projects, the number of 456 participants with projects still in progress, and the number of participants who 457 chose not to complete projects. The report shall also include documentation that 458 the annual and cumulative funding for the program is sufficient to accommodate a 459 minimum of 200 potential participants by the end of 60 months after the effective 460 date of the permit. 461 462 Each annual report shall provide the total number of trees planted on County 463 parkland and County-owned rights-of-way during the reporting cycle and cumulative 464 for the permit cycle. 465 466 Each annual report shall include the implementation status of planting trees on 467 private property including the total number of trees planted on private property 468 during the reporting cycle and cumulative for the permit cycle. 469 470 d) Roadways County streets, roads, and parking lots maintained by the permittee shall continue 471 to be operated and maintained in a manner to minimize discharge of pollutants, including those 472 pollutants related to deicing or sanding activities. 473 474 1) The permittee shall continue to implement its street sweeping program and shall sweep a DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 10 of 42
475 minimum of 25,000 lane miles during this permit cycle. 476 477 2) No later than 36-months after the effective date of this permit, the permittee shall develop 478 and implement written protocols for county road, street, and parking lot maintenance, 479 equipment maintenance and material storage designed to minimize pollutant discharge. 480 481 Materials utilized for deicing and sanding activities shall remain covered from precipitation until 482 application. 483 484 SPECIFIC REPORTING REQUIREMENTS: 485 486 The permittee shall include a description of the permittee’s street sweeping program 487 including the number of lane miles swept each year and the total swept cumulatively 488 since permit issuance in each annual report. The permittee shall report the 489 associated total tonnage of debris collected annually and cumulatively for the lane 490 miles swept. 491 492 The permittee shall include a copy of the written protocols identified in Part I.B.2.d)2) 493 with the next annual report that is due after development of the protocols. 494 495 e) Pesticide, Herbicide, and Fertilizer Application The permittee shall continue to control the 496 discharge of pollutants related to the storage and application of pesticides, herbicides, and 497 fertilizers applied to County rights of way, parks, and other County property, as follows: 498 499 1) The permittee shall develop and implement turf and landscape nutrient management plans 500 that have been developed by a certified nutrient management planner in accordance with § 501 10.1-104.2 of the Code of Virginia on all County lands where nutrients are applied to a 502 contiguous area greater than one acre in accordance with the following schedule: 503 504 (a) No later than 12-months after the effective date of this permit the permittee shall identify 505 all County lands where nutrients are applied to a contiguous area of more than one acre. 506 A latitude and longitude shall be provided for each such piece of County land. 507 508 (b) The permittee shall develop and implement turf and landscape nutrient management 509 plans on all County lands where nutrients are applied to a contiguous area of more than 510 one acre. The following measurable goals are established for the development and 511 implementation of turf and landscape nutrient management plans. The permittee shall 512 not fail to meet the measurable goals for two consecutive years. 513 514 (1) No later than 24-months after the effective date of this permit, not less than 15% of all 515 identified acres will be covered by turf and landscape nutrient management plans. 516 517 (2) No later than 36-months after the effective date of this permit, not less than 40% of all 518 identified acres will be covered by turf and landscape nutrient management plans. 519 520 (3) No later than 48-months after the effective date of this permit, not less than 75% of all 521 identified acres will be covered by turf and landscape nutrient management plans. 522 523 524 (c) The permittee shall annually track the following:
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525 526 (1) The total acreage of County lands upon which nutrients are applied and controlled 527 using general County guidelines or standard operating procedures; 528 529 (2) The acreage of County lands where turf and landscape nutrient management plans are 530 required; and, 531 532 (3) The acreage of County lands covered by turf and landscape nutrient management 533 plans. 534 535 2) The permittee shall continue to employ good housekeeping / pollution prevention measures 536 in the application, storage, transport and disposal of pesticides, herbicides and fertilizers. 537 538 3) The permittee may regulate the use, application, or storage of fertilizers pursuant to §3.2- 539 3602 of the Code of Virginia. 540 541 4) The permittee shall not apply any deicing agent containing urea or other forms of nitrogen or 542 phosphorus to parking lots, roadways, and sidewalks or other paved surfaces. 543 544 SPECIFIC REPORTING REQUIREMENTS: 545 546 The initial report shall contain a list of all county lands and applicable acreage on 547 which nutrients are applied to more than one contiguous acre. 548 549 Each annual report shall report on compliance with the turf and landscape nutrient 550 management plan implementation schedule and include a list of the County 551 properties for which turf and landscape nutrient management plans have been 552 implemented during the reporting year and the cumulative total of acreage under turf 553 and landscape nutrient management plans. 554 555 Each annual report shall include the number of acres managed under Integrated 556 Pest Management Plans. 557 558 NOTE: Where an item is not required as part of the annual report, its inclusion in the 559 annual report is unnecessary. 560 561 f) Illicit Discharges and Improper Disposal Discharges to the MS4 unauthorized by this permit 562 shall be effectively prohibited. 563 564 1) In accordance with Part I.A.1.b), certain non-stormwater discharges to the MS4 need not be 565 addressed as illicit discharges or improper disposal. The MS4 Program shall identify any 566 non-stormwater discharges that the permittee has allowed under Part I.A.1.b), along with 567 any conditions placed on such non-stormwater discharges to the MS4. The permittee shall 568 prohibit, on a case-by-case basis, any individual non-stormwater discharge (or class of non- 569 stormwater discharges) otherwise allowed under this paragraph that is determined to be 570 contributing significant amounts of pollutants to the MS4. 571 572 2) The permittee shall limit the infiltration of seepage from sanitary sewers into the MS4. 573 574 The permittee shall inspect a minimum of 300,000 linear feet of sanitary sewer during this
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575 permit cycle. 576 577 3) The permittee will continue to implement a program to reduce the discharge of floatables 578 (e.g. litter and other human-generated solid refuse). 579 580 4) The permittee shall prohibit the dumping or disposal of used motor vehicle fluids, household 581 hazardous wastes, sanitary sewage, grass clippings, leaf litter, and animal wastes into 582 separate storm sewers. The permittee shall ensure the implementation of programs to 583 collect used motor vehicle fluids (such as oil and antifreeze) for recycling, reuse, or proper 584 disposal and to collect household hazardous waste materials (including paint, solvents, 585 pesticides, herbicides, and other hazardous materials) for recycling, reuse, or proper 586 disposal. Such programs shall be readily available to all private residents and shall be 587 publicized and promoted on a regular basis not less than twice per year. 588 589 5) The permittee shall continue to implement a program to locate and eliminate illicit discharges 590 and improper disposal into the MS4. This program shall include dry weather screening 591 activities to locate portions of the MS4 with suspected illicit discharges and improper 592 disposal, as described in Part I.B.2.m)1) of this permit. 593 594 6) The permittee shall require the elimination of illicit discharges and improper disposal 595 practices within 30-days of discovery. Where elimination of an illicit discharge within 30- 596 days is not possible, the permittee shall require an expeditious schedule for removal of the 597 discharge. In the interim, the permittee shall require the operator of the illicit discharge to 598 take all reasonable and prudent measures to minimize the discharge of pollutants to the 599 MS4. 600 601 SPECIFIC REPORTING REQUIREMENTS: 602 603 Each annual report shall include a list of illicit discharges identified, the source, a 604 description of follow-up activities and whether the illicit discharge has been 605 eliminated. 606 607 g) Spill Prevention and Response The permittee shall continue to implement its program that 608 coordinates Fire Department and other County staff resources to prevent, contain, and 609 respond to spills that may discharge into the MS4. The spill response program may include a 610 combination of spill response actions by the permittee (and/or another public or private entity), 611 and legal requirements for private entities within the permittee’s jurisdiction. The permittee 612 shall continue to implement the Trades Center Integrated Spill Prevention, Control, and 613 Countermeasures / Hazardous Material Management Plan. 614 615 SPECIFIC REPORTING REQUIREMENTS: 616 617 Each annual report shall include a list of spills, the source, a description of follow-up 618 activities taken and whether the illicit discharge has been eliminated. 619 620 h) Industrial & High Risk Runoff The permittee shall implement a program to identify and 621 control pollutants in stormwater discharges to the MS4 from industrial and high risk runoff 622 facilities (e.g., municipal landfills; other treatment, storage, or disposal facilities for municipal 623 waste; hazardous waste treatment, storage, disposal and recovery facilities; facilities that are 624 subject to EPCRA Title III, Section 313) and any other industrial or commercial discharges the
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625 permittee determines are contributing a substantial pollutant loading to the MS4. 626 627 1) The permittee shall maintain, and update as necessary, a list of all known industrial and 628 high-risk dischargers to the MS4. This list will include VPDES permitted facilities and 629 industrial stormwater facilities granted “no-exposure” certification by DEQ. 630 631 2) No later than 12-months after the effective date of this permit, the permittee shall develop 632 and implement a prioritized schedule and procedures to inspect outfalls of VPDES- 633 permitted facilities and facilities granted “no-exposure” certification at the point of 634 connection to the MS4. Prioritization may be based on historical discharges, local water 635 quality impairments, industrial category or other method selected by the permittee. The 636 permittee shall inspect all industrial outfalls connected to its MS4 a minimum of once 637 every five years. 638 639 3) The permittee shall review copies of all discharge monitoring reports (DMRs) submitted to 640 the permittee by all VPDES permitted industrial facilities as part of the permittee’s 641 investigations of substantial pollutant loadings. The permittee may conduct additional 642 monitoring, or may require the facility to conduct additional monitoring, of any stormwater 643 discharges it believes may be a source of significant pollutant loadings. 644 645 4) The permittee shall coordinate with DEQ on any non-VPDES-permitted industrial facility 646 for which it has evidence that a substantial pollutant load is entering the MS4 system. 647 Facility inspections may be carried out in conjunction with other county programs (e.g., 648 pretreatment inspections of industrial users, health inspections, fire inspections, etc.), but 649 must include random inspections for facilities not normally visited by the permittee. 650 651 5) The permittee shall refer the following facilities to the Department of Environmental 652 Quality, Northern Regional Office, for DEQ compliance review under the Virginia State 653 Water Control Law: 654 655 (a) Facilities and operations having non-stormwater discharges that do not have 656 coverage under an existing VPDES permit; 657 658 (b) Facilities and operations identified pursuant to 40 CFR §122.26(b)(14) with 659 manufacturing, processing, or raw materials storage outside that do not have 660 coverage under an existing VPDES Industrial Stormwater Permit. 661 662 (c) Any VPDES-permitted facility where there is evidence of significant pollutant 663 loadings to the MS4 as determined by a continued or regular exceedence of effluent 664 limitations or benchmarks demonstrated by monitoring conducted as a requirement 665 of the VPDES permit. 666 667 (d) Facilities that do not submit signed copies of DMRs to the permittee as required 668 under a VPDES-issued permit. 669 670 6) The permittee shall maintain a list of any industrial and / or commercial stormwater 671 dischargers not regulated under the Virginia State Water Control Law that it determines 672 may be contributing a significant pollutant loading to the MS4. This list may be individual 673 discharges or categories of discharges. 674
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675 (a) Outfalls from these facilities shall be included in the prioritized inspection schedule. 676 677 (b) The list shall include, but not be limited to, major automotive facilities such as repair 678 shops, body shops, auto detailers, tire repair shops and service stations. 679 680 (c) The permittee shall require control measures as necessary and/or appropriate for 681 stormwater discharges from these dischargers. 682 683 SPECIFIC REPORTING REQUIREMENTS: 684 685 The initial report shall include a list of all known industrial and high risk dischargers 686 including any non-VPDES regulated industrial and commercial stormwater 687 dischargers determined by the permittee as contributing a significant pollutant load 688 and that discharge to the MS4 system, a schedule of inspections and procedures for 689 inspecting outfalls. 690 691 Each annual report shall report on implementation of the inspection schedule and 692 include a list of the facilities inspected during the reporting period. 693 694 Each annual report shall include a document listing DEQ coordination activities. 695 696 i) Storm Sewer Infrastructure Management The permittee shall continue to maintain and 697 implement programs to maintain the County’s stormwater infrastructure and to update the 698 accuracy and inventory of the storm sewer system. 699 700 1) The permittee shall continue its stormwater infrastructure inspection inventory, 701 reinvestment, and rehabilitation program in order to protect the integrity and performance of 702 the existing stormwater drainage system. 703 704 2) The permittee shall continue its catch basin cleaning program and shall inspect 5,000 catch 705 basins over the life of this permit. The permittee shall conduct maintenance, as necessary, 706 based upon the inspection’s findings. 707 708 3) The permittee shall continue its storm sewer inspection program and shall inspect 425,000 709 linear feet of system during the term of this permit as described in Part I.B.2.m). 710 711 4) The permittee shall collect contaminated flush water associated with storm sewer 712 maintenance and shall dispose of it in accordance with appropriate law and regulations. 713 714 5) A total of thirty-five outfalls scored a 4 or 5 on a severity scale during the County-wide 715 stream assessment. No later than 60 months after the effective date of this permit, the 716 permittee shall complete a pilot project designed to explore how to overcome access 717 issues and to conduct maintenance on three of these identified outfalls associated with the 718 Windy Run and Donaldson Run stream restoration projects. The pilot will explore aspects 719 of maintenance where barriers are encountered, such as physical and legal constraints to 720 obtain access. As part of the pilot project, the permittee will document where efforts to 721 overcome such barriers are successful or unsuccessful. The County shall submit the 722 results of the pilot project with the applicable annual report. The results of this pilot study 723 should be incorporated into future stream restoration efforts. 724
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725 6) No later than 60 months after the effective date of this permit, the permittee shall 726 summarize the private property and physical access constraints for the remaining outfalls 727 and strategies to perform such maintenance, including possibly in conjunction with the 728 permittee’s voluntary long-term stream restoration program. This report shall be submitted 729 with the applicable annual report. 730 731 7) The permittee shall track the following for each MS4 outfall: 732 733 (a) An individual identification number, its Arlington County local watershed, HUC and 734 receiving water; 735 736 (b) The latitude and longitude in degrees, minutes and seconds; and 737 738 (c) New outfalls shall be tracked upon their construction. 739 740 8) In conjunction with the special condition found in Part I.D.1, the permittee shall identify the 741 following for each Arlington County local watershed, HUC and Chesapeake Bay Segment: 742 743 (a) The number of impervious, pervious and total acres served by the MS4 as of June 30, 744 2009; and 745 746 (b) The number of impervious, pervious and total acres treated by stormwater controls as 747 of June 30, 2009. 748 749 9) No later than 54 months of the effective of this permit, the permittee shall update each of 750 the following: 751 752 (a) The number of impervious, pervious and total acres served by the MS4 for each 753 Arlington County local watershed, HUC and Chesapeake Bay segment; and 754 755 (b) The number of impervious, pervious and total acres treated by stormwater controls. 756 757 Note: Acreage from any physically interconnected regulated MS4 shall be excluded from the 758 permittee’s delineation of its MS4 service areas. 759 760 SPECIFIC REPORTING REQUIREMENTS: 761 762 Each annual report shall include a progress report on efforts to repair failed storm 763 sewer outfalls. 764 765 Each annual report shall include the number of catch basins inspected and 766 maintained and the linear feet of storm sewers inspected. 767 768 The second annual report submitted under this permit shall include the information 769 included in Part I. B.2.i)5). The information shall be submitted electronically in excel 770 format unless another format is provided by the Department. 771 772 Each following annual report shall include an updated list in excel or Department 773 provided format of all information requested in Part I. B.2. i) 5). 774
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775 j) County Facilities County facilities shall be operated and maintained as follows: 776 777 1) Good Housekeeping 778 779 (a) The discharge of county vehicle wash water into the MS4 at county facilities without 780 authorization from a separate VPDES permit shall be prohibited. 781 782 (b) The discharge of wastewater into the MS4 at county facilities without authorization by a 783 separate VPDES permit shall be prohibited. 784 785 (c) The dumping of yard waste and grass clippings into the MS4 shall be prohibited. 786 787 (d) Fluids leaked from municipal vehicles shall be prevented from entering the storm sewer 788 system. Leaked fluids shall be cleaned up and disposed of properly, as soon as 789 possible but no later than 24-hours after discovery. 790 791 (e) No later than 60-months after the effective date of this permit, the permittee shall install 792 and maintain markings on all stormwater inlets located on high priority municipal 793 facilities, as defined at Part I.F, and on County properties with greater than 2-acres of 794 impervious surface. 795 796 2) High Priority Municipal Facilities 797 798 (a) The permittee shall continue to implement the stormwater pollution prevention plan for 799 the Arlington County Trades Center. 800 801 (b) The permittee shall identify all additional high priority municipal facilities that do not 802 require a separate VPDES permit no later than 12-months after the effective date of 803 this permit; 804 805 (c) The permittee shall develop and maintain individual stormwater pollution prevention 806 plans for each high-priority municipal facility identified under Part I.B.2.j)2)(b) no later 807 than 36-months after the effective date of this permit. Stormwater pollution prevention 808 plans (SWPPP) shall include: 809 810 (1) A site description that includes a site map identifying all outfalls, direction of flows, 811 existing source controls and receiving water bodies; 812 813 (2) A discussion and checklist of potential pollutants and pollutant sources. 814 815 (3) A discussion of all potential non-stormwater discharges; 816 817 (4) A maintenance schedule for all existing source controls; 818 819 (5) All policies and procedures implemented at the facility to ensure source reduction; 820 821 (6) An inspection schedule and checklist to ensure that all source reductions are 822 continually implemented and all source controls are appropriately maintained; 823 824 (7) Appropriate training as required in Part I.B.2.l);
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825 826 (8) Procedures to conduct an annual comprehensive site compliance evaluation; 827 828 (9) Procedures to conduct annual outfall field screening; and 829 830 (10) All modifications made as the result of any release or spill. 831 832 (d) A copy of each SWPPP shall be kept at each high-priority municipal facility and be 833 kept updated. 834 835 SPECIFIC REPORTING REQUIREMENTS: 836 837 The initial annual report shall include a list of all high priority municipal facilities. 838 839 Each annual report shall provide a summary of the County facility retrofit evaluation 840 including a list of potential opportunities and schedule for their installation. 841 842 k) Public Education The permittee shall implement a public education program with the goal of 843 increasing the stormwater knowledge of target audiences and changing behavior to result in 844 pollutant reductions. The permittee may fulfill all or part of the requirements of this permit 845 through regional outreach programs involving two or more MS4 localities. 846 847 1) The permittee shall identify, schedule, implement, evaluate and modify, as necessary, 848 public outreach activities designed to meet the following public education and outreach 849 measurable goals: 850 851 (a) Promote, publicize, and facilitate public reporting of the presence of illicit discharges 852 or improper disposal of materials into the MS4; 853 854 (b) Continue to promote individual and group involvement in local water quality 855 improvement initiatives including the promotion of local restoration and clean-up 856 projects, programs, groups, meetings and other opportunities for public involvement; 857 858 (c) Promote, publicize, and facilitate the proper management and disposal of used oil 859 and household hazardous wastes; 860 861 (d) Promote, publicize and facilitate the proper disposal of pet waste and household yard 862 waste; 863 864 (e) Promote, publicize and facilitate the use of the county’s recycling program; 865 866 (f) Promote, publicize and facilitate methods for residential car washing that minimize 867 water quality impacts; 868 869 (g) Promote, publicize, and facilitate the proper use, application, and disposal of 870 pesticides, herbicides, and fertilizers by public, commercial, and private applicators 871 and distributors; 872 873 (h) Encourage private property owners to implement retrofits including those described in 874 Part I.B.2.c); and
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875 876 (i) Target strategies towards local groups of commercial, industrial, and institutional 877 entities likely to have significant stormwater impacts. 878 879 2) The permittee shall post a copy of this permit on its web page no later than 30-days after 880 the effective date of this permit and continue to retain a copy of the permit on-line for the 881 duration of this permit. 882 883 3) The permittee shall post copies of each annual report on its web page no later than 30 884 after the report submittal to the Department and continue to retain copies of the annual 885 reports on-line for the duration of this permit. 886 887 4) The permittee shall make available for public review the most current MS4 Program Plan 888 upon request of interested parties in compliance with all applicable open records 889 requirements. 890 891 SPECIFIC REPORTING REQUIREMENTS: 892 893 Each annual report shall include a list of permittee public outreach and education 894 activities and the estimated number of individuals reached through the activities. 895 896 Each annual report shall provide a summary of voluntary retrofits completed on 897 private property. 898 899 l) Training The permittee shall conduct stormwater training for county employees. The training 900 requirement may be fulfilled all or in part through regional training programs involving two or 901 more MS4 localities; provided, however, that the permittee shall remain individually liable for its 902 failure to comply with the training requirements in this permit. The permittee shall determine 903 the appropriate employees to receive the following types of training based on the specific topic 904 for which training is to be provided: 905 906 1) The permittee shall provide annual training to appropriate field personnel in the recognition 907 and reporting of illicit discharges. Documentation of all training events (including agendas 908 and attendance sheets) shall be kept on file for review and all shall be listed in annual 909 reports. 910 911 2) The permittee shall provide annual training to appropriate employees in good 912 housekeeping and pollution prevention practices that are to be employed during road, 913 street, and parking lot maintenance. Documentation of all training events (including 914 agendas and attendance sheets) shall be kept on file for review and all events shall be 915 listed in annual reports. 916 917 3) The permittee shall provide annual training to appropriate employees in good 918 housekeeping and pollution prevention practices that are to be employed in and around 919 county maintenance and public works facilities. Documentation of all training events 920 (including agendas and attendance sheets) shall be kept on file for review and all events 921 shall be listed in annual reports. 922 923 4) The permittee shall ensure that employees, and require that contractors, applying 924 pesticides and herbicides are properly trained or certified per the Virginia Pesticide Control
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925 Act (§3.1-249.27 et seq. of the Code of Virginia). The requirements of the Virginia 926 Pesticide Control Act are established by the Virginia Pesticide Control Board. 927 928 5) The permittee shall ensure that County employees employed as plan reviewers, 929 inspectors, program administrators and construction site operators are trained and obtain 930 the appropriate certifications to the extent required under the Virginia Erosion and 931 Sediment Control Law and attendant regulations. 932 933 6) The permittee shall ensure that the appropriate County employees receive any required 934 certifications required by the Department to implement the modified stormwater 935 management design criteria. 936 937 7) The permittee shall provide annual training to appropriate employees in good 938 housekeeping and pollution prevention practices that are to be employed in and around 939 county recreation facilities. Documentation of all training events (including agendas and 940 attendance sheets) shall be kept on file for review and all events shall be listed in annual 941 reports. 942 943 8) The appropriate emergency response employees shall have training in spill response. A 944 summary of the training/certification program provided to emergency response employees 945 shall be included in the first annual report. 946 947 The permittee shall keep documentation on each training event including the training date, the 948 number of employees attending and the objective of the training event. 949 950 SPECIFIC REPORTING REQUIREMENTS: 951 952 Each annual report shall include a list of training events, the date and the estimated 953 number of individuals attending each event. 954 955 The initial report shall include documentation of employee emergency response spill 956 response training/certification. 957 958 m) Water Quality Screening Programs The following screening programs shall be implemented 959 in addition to the monitoring required by Part I.C: 960 961 1) Dry Weather Screening Program: The permittee shall continue ongoing efforts to detect 962 the presence of illicit connections and unauthorized discharges to the MS4. The permittee 963 shall conduct the following screening activities during this permit term: 964 965 (a) Annual inspection of an average of 85,000 linear feet of the piped stormwater 966 system using CCTV; 967 968 (b) Continued monthly bacteria sampling at eleven (11) locations within the Four Mile 969 Run watershed as described in Part I.C.1.a); 970 971 (c) Targeted bacteria sampling in at least 3 additional watersheds as described in Part 972 I.C. 2.b); 973 974 (d) Annual screening of all outfalls that drain the Shirlington commercial district and the
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975 South Four Mile Run Drive industrial area Screening methodology may be modified 976 based on experience gained during actual field screening activities and need not 977 conform to the protocol at 40 CFR 122.26(d)(1)(iv)(D). Sample analysis need not 978 conform to 40 CFR Part 136. Dry weather screening procedures shall be 979 documented in the MS4 Program Plan. 980 981 2) Wet Weather Screening Program: The permittee shall investigate, and address known 982 areas within its jurisdiction that are contributing excessive levels of pollutants including 983 floatables to the MS4. 984 985 (a) No later than 12-months after the effective date of this permit, the permittee shall 986 identify a prioritized list of areas thought to contribute significant pollutant loads 987 during wet weather events and develop a wet weather screening plan for two areas 988 to determine the contribution. 989 990 (b) No later than 18-months after the effective date of this permit, the permittee shall 991 implement the wet weather screening plan. 992 993 SPECIFIC REPORTING REQUIREMENTS: 994 995 The initial report shall include the procedures and methodologies and an annual 996 schedule for conducting dry weather screening for the Shirlington commercial 997 district and the South Four Mile Run Drive industrial area. 998 999 The initial report shall include the procedures and methodologies and an annual 1000 schedule for conducting wet weather screening. 1001 1002 Each annual report shall include a list of locations upon which dry weather 1003 screening was conducted, the results and any follow-up actions taken as a result of 1004 the dry weather screening. 1005 1006 Each annual report shall include a list of locations upon which wet weather 1007 screening was conducted, the results and any follow-up actions taken as a result of 1008 the wet weather screening. 1009 1010 C. MONITORING REQUIREMENTS 1011 1012 1. Bacteriological Monitoring 1013 1014 a) Four-Mile Run Watershed The permittee shall continue its long term Four-Mile Run 1015 bacteriological monitoring activities to evaluate the effectiveness of its efforts to reduce 1016 bacterial pollutant loadings. This program shall continue to be implemented as follows: 1017 1018 1) The permittee shall use the Coliscan EasyGel method to analyze in-stream E. coli 1019 concentrations. 1020 1021 2) The permittee shall collect monthly samples at each of the following locations in Four-Mile 1022 Run identified in Table 1: 1023 1024
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1025 1026 Table 1: Four-Mile Run Bacteriological Monitoring Locations, Arlington County Site General Location Watershed Location Number 1 Benjamin Banneker Park, below Van Buren Upper Four-Mile Run St. 2 East Fall Church Park (N. Roosevelt Street) Upper Four-Mile Run 3 Bluemont Park Below conf of small trib from I-66 4 Glencarlyn Park, near N. Carlin Springs Road Above conf. of Lubber Run Tributary 5 Glencarlyn Park Below conf. of Lubber Run Tributary 6 Glencarlyn Park Upper Long Branch above dog park 7 Glencarlyn Park Below conf. of Upper Long Branch 8 Glencarlyn Park Below conf. w/ small trib at 7th Street 9 Barcroft Park Below conf. w/ Doctor’s Branch 10 Troy Park Lower Long Branch Tributary 11 Mt. Vernon Ave bridge Lower Four Mile Run 1027 1028 3) The permittee may rely on community volunteers to conduct bacteriological monitoring. 1029 1030 4) The permittee shall analyze the data for relationships with precipitation events including 1031 recent (occurred within 24-hours of sampling) and long term (total monthly precipitation). 1032 1033 5) The permittee shall review the monitoring results to determine long term trends. 1034 1035 6) The permittee shall look for relationships between average E. coli concentration and 1036 sanitary capital and operational maintenance projects. 1037 1038 b) Additional Watersheds The permittee shall develop bacteriological monitoring efforts for three 1039 additional watersheds in which bacteriological impairments exist within its jurisdictional limits. 1040 The permittee shall: 1041 1042 1) No later than 12-months after the effective date of this permit, select the three watersheds 1043 and the monitoring locations; 1044 1045 2) No later than 12-months after the effective date of this permit, develop the monitoring 1046 procedures using the Four Mile Run effort as a template; and, 1047 1048 3) No later than 18-months after the effective date of this permit, the permittee shall 1049 implement the monitoring procedures in Part I.C.1.b)2). 1050 1051 SPECIFIC REPORTING REQUIREMENTS: 1052 1053 The initial report shall include a list of the selected watersheds and monitoring locations 1054 and a copy of the monitoring procedures to be utilized in monitoring the selected 1055 watersheds. 1056 1057 The annual report shall include a summary of the monitoring results. 1058 1059 2. Biological Stream Monitoring The permittee shall continue its biological stream monitoring 1060 program to evaluate the health of existing streams and the long term effectiveness of its 1061 stormwater management program. With the application for permit reissuance, the permittee shall DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 22 of 42
1062 provide a detailed analysis of any long-term trends in local stream health identified during this 1063 permit. This program shall continue to be implemented as follows: 1064 1065 a) The permittee shall use a biological stream monitoring protocol based on EPA’s Rapid 1066 Bioassessment Protocol 2 and shall include habitat assessment, temperature and pH 1067 measurements, and an assessment of the benthic macroinvertebrate community. The 1068 developed protocol shall be available on the permittee’s website. 1069 1070 b) Monitoring shall be conducted a minimum of twice per year with sampling events occurring 1071 between January 1 and June 30 and July 1 and December 31 at each monitoring location. 1072 1073 c) Monitoring shall continue at the following locations listed in Table 2. 1074 1075 Table 2: Biological Stream Monitoring Locations, Arlington County Stream Land Use Location Windy Run Residential End of Kenmore Street Donaldson Run Residential 30th Road Gulf Branch Residential Military Road Little Pimmit Run Residential 38th and Dumbarton Four-Mile Run-Banneker Residential Transitioning to Heavily Urban Banneker Park Four-Mile Run-Bluemont Residential Transitioning to Heavily Urban Bluemont Park Four-Mile Run-Glencarlyn Residential Transitioning to Heavily Urban Glencarlyn Park Four-Mile Run-Barcroft Residential Transitioning to Heavily Urban Barcroft Park Lubber Run Residential Transitioning to Heavily Urban Lubber Run Park Margaret Creek Reference Site Clifton, VA 1076 1077 d) The permittee may rely on community volunteers to conduct biological stream monitoring 1078 provided each volunteer has attended two training events. Documentation of volunteer 1079 training shall be kept on file for review. 1080 1081 e) The permittee shall obtain all necessary aquatic wildlife collection permits from appropriate 1082 State and/or Federal agencies. 1083 1084 SPECIFIC REPORTING REQUIREMENTS: 1085 1086 The annual report shall include a summary of the monitoring results and analyses and an 1087 interpretation of that data with respect to long-term patterns/trends. 1088 1089 3. Floatables Monitoring The permittee shall continue to conduct surveys of floatables. The intent 1090 of the surveys is to document the effectiveness of the litter control programs for the MS4 and may 1091 be accomplished through a volunteer program. Surveys shall be performed in accordance with 1092 the following procedures: 1093 1094 a) Select representative sampling sites in ditches, streams, or channels that discharge to or 1095 receive drainage from the MS4. Visually count all floatable material (excluding natural 1096 vegetation), trash, and refuse (e.g.: plastic trash bags, bottles, car batteries, shopping carts, 1097 etc.) located in the sampling site, visible on the channel bottom, along banks (up to high 1098 water mark), or suspended in vegetation located in the sample site. Sites shall be at least 1099 100 feet in length, and sampled during or before any litter pickup. 1100 1101 b) The permittee shall maintain the following records and include a summary of results and DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 23 of 42
1102 trends in each annual report: location of the sample site, total site “counts”, and months 1103 since the last trash and floatables pick-up from the sampled section. 1104 1105 c) The permittee shall provide a detailed analysis with the application for permit reissuance on 1106 any long-term trends identified during this permit cycle including any significant differences 1107 found between BMP treatments. 1108 1109 SPECIFIC REPORTING REQUIREMENTS: 1110 1111 The annual report shall include a summary of the monitoring results and analyses. 1112 1113 4. Structural and Source Controls Compliance Monitoring and Tracking 1114 1115 a) The permittee shall maintain an updated electronic database of all known county owned and 1116 privately owned stormwater management (SWM) facilities. 1117 1118 The database shall include the following: 1119 1120 1) The SWM facility type, address and latitude, longitude; 1121 1122 2) The acres treated for total, pervious and impervious; 1123 1124 3) The date brought on line (MMYYYY). If the date is unknown , the permittee shall use 1125 June 2005 as the date brought on line for all previously existing SWM facilities; 1126 1127 4) The hydrologic unit code (HUC) in which the SWM facility is located; 1128 1129 5) The name of any impaired water segments within each HUC listed on the most recent 1130 305(b)/303(d) Water Quality Assessment Integrated Report to which the SWM facility 1131 discharges; 1132 1133 6) Whether the SWM facility is county owned or privately owned; 1134 1135 7) Whether the SWM facility discharges into the MS4; 1136 1137 8) Whether a maintenance agreement exists if the SWM is privately owned; and 1138 1139 9) The date of last inspection. 1140 1141 An electronic database or spreadsheet of all known SWM facilities brought on line during each 1142 reporting year shall be submitted with the appropriate annual report. Upon such time as the 1143 Department provides the permittee access to a statewide web-based reporting database, the 1144 permittee shall utilize such database to complete the reporting requirements of this permit. 1145 1146 No later than 36-months of the effective date of this permit, the database shall be updated to 1147 include the required information for SWM facilities known to exist prior to issuance of this 1148 permit. The updated information shall be submitted in electronic format with the fourth annual 1149 report. 1150 1151 b) The permittee shall send notice to privately owned SWM facility owners reminding them of
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1152 their inspection and maintenance requirements under their recorded inspection schedule and 1153 maintenance agreements. The permittee shall inspect at least once during this permit cycle 1154 all SWM facilities where the owner has failed at least twice to submit an annual inspection 1155 report. The permittee shall inspect at least once during this permit cycle a random subset of 1156 10 percent of those SWM facilities whose owner’s have submitted an annual inspection 1157 report. 1158 1159 c) Beginning with the effective date of this permit, maintenance agreements may be used but 1160 are not required for stormwater control measures that are designed to treat stormwater runoff 1161 solely from the individual residential lot on which they are located provided that the permittee 1162 has developed and implemented a strategy to address maintenance of such stormwater 1163 management controls. Should the permittee choose a strategy other than a maintenance 1164 agreement, such a strategy shall be in writing no later than 12 months after the effective date 1165 of this permit and may include periodic inspections, homeowner outreach and education, or 1166 other methods targeted at promoting the long term maintenance of such facilities. 1167 1168 d) For SWM facilities owned by the permittee, the following conditions apply: 1169 1170 1) The permittee shall provide for adequate long-term operation and maintenance of its 1171 stormwater management facilities in accordance with written inspection and maintenance 1172 procedures included in the MS4 Program Plan. 1173 1174 2) The permitee shall inspect these stormwater management facilities annually. The 1175 permittee may choose to implement an alternative schedule to inspect these stormwater 1176 management facilities based on facility type and expected maintenance needs provided 1177 that the alternative schedule is included in the MS4 Program Plan. 1178 1179 3) The permittee shall conduct maintenance on its stormwater management facilities as 1180 necessary. 1181 1182 e) Facilities that provide peak flow control as required under Chapter 60 of the Arlington County 1183 Code are excluded from the requirements of this section. Inspection and maintenance 1184 requirements for these facilities shall be governed by Chapter 60. 1185 1186 SPECIFIC REPORTING REQUIREMENTS: 1187 1188 Each annual report shall include a copy of the updated database in electronic format. 1189 1190 Each annual report shall include a summary of the program to ensure maintenance of 1191 private stormwater management facilities. 1192 1193 Each annual report shall include a summary of the program to ensure maintenance of 1194 stormwater management facilities owned by the permitee. 1195 1196 The third annual report submitted under this permit shall include an updated list of 1197 stormwater management facilities existing prior to issuance of this permit. 1198 1199 D. TMDL ACTION PLAN AND IMPLEMENTATION 1200 1201 1. Chesapeake Bay Special Condition
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1202 The Commonwealth in its Phase I and Phase II Chesapeake Bay TMDL Watershed Implementation Plans 1203 (WIP) committed to a phased approach for MS4s affording MS4s permittees up to three full five-year permit 1204 cycles to implement necessary reductions. This permit is consistent with the Chesapeake Bay TMDL and the 1205 Virginia Phase I and II WIPs to meet the Level 2 (L2) scoping run for existing developed lands as it represents 1206 an implementation of 5% of L2 as specified in the 2010 Phase I WIP. Conditions of future permits will be 1207 consistent with on the TMDL or WIP conditions in place at the time of permit issuance. 1208 1209 a) Definitions The following definitions apply to this permit for the purpose of the Special 1210 Condition for Discharges in the Chesapeake Bay Watershed: 1211 1212 1) “Existing Sources” means pervious and impervious urban land uses served by the MS4 1213 as of June 30, 2009. 1214 1215 2) “New Sources” means pervious and impervious urban land uses served by the MS4 1216 developed or redeveloped on or after July 1, 2009. 1217 1218 3) “Transitional Sources” means regulated land disturbing activities which are temporary in 1219 nature and discharge through the MS4. 1220 1221 4) “Pollutants of concern” or “POC” means total nitrogen, total phosphorus and total 1222 suspended solids. 1223 1224 b) Chesapeake Bay Watershed TMDL Planning 1225 1226 1) No later than 24-months after the effective date of this permit, the permittee shall develop and 1227 submit to the Department for its review and acceptance an approvable phased Chesapeake Bay 1228 TMDL Action Plan that includes: 1229 1230 (a) A review of the current MS4 program including existing legal authorities and the 1231 permittee’s ability ensure compliance with this special condition; 1232 1233 (b) Identifies any new or modified legal authorities, such as ordinances, permits, orders, 1234 contracts and inter-jurisdictional agreements, implemented to meet the requirements of 1235 this special condition; 1236 1237 (c) The means and methods utilized to address discharges into the MS4 from new sources. 1238 1239 (d) An estimate of the annual POC loads discharged from the existing sources as of June 30, 1240 2008 based on the 2009 progress run. The permittee shall utilize Table 3 and multiply the 1241 total existing acres served by the MS4 on June 30, 2009 and the 2009 Edge of Stream 1242 (EOS) Loading Rate. 1243 Table 3: Calculation Sheet for Estimating Existing Source Loads for the Potomac River Basin (Based on Chesapeake Bay Program Watershed Model Phase 5.3.2) Estimated Total Existing 2009 EOS Total POC Acres Served Loading Load Based by MS4 Rate on 2009 Subsource Pollutant (6/30/09) (lbs/ac) Progress Run Regulated Urban Impervious Nitrogen 16.86 DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 26 of 42
Regulated Urban Pervious 10.07 Regulated Urban Impervious 1.62 Phosphorus Regulated Urban Pervious 0.41 Regulated Urban Impervious Total 1,171.32 Suspended Regulated Urban Pervious Solids 175.8 1244 1245 (e) A determination of the total pollutant load reductions necessary to reduce the annual POC 1246 existing loads using Table 4 by multiplying the total existing acres served by the total 1247 reduction required during the first permit cycle. 1248 Table 4: Calculation Sheet for Determining Total POC Reductions Required During this Permit Cycle for the Potomac River Basin (Based on Chesapeake Bay Program Watershed Model Phase 5.3.2) First Permit Cycle Total Requiring Reduction Total Existing Reduction Required Acres Served in Loading During First by MS4 Rate Permit Cycle Subsource Pollutant (6/30/09) (lbs/ac) (lbs) Regulated Urban Impervious 0.08 Nitrogen Regulated Urban Pervious 0.03 Regulated Urban Impervious 0.01 Phosphorus Regulated Urban Pervious 0.001 Regulated Urban Impervious Total 11.71 Suspended Regulated Urban Solids Pervious 0.77 1249 1250 1251 (f) The means and methods, such as the management practices and retrofit programs that 1252 will be utilized to meet the required reductions identified in Part I.D.1.b (e) and a schedule 1253 to achieve those reductions. The schedule should include annual benchmarks to 1254 demonstrate the on-going progress in meeting the reductions. 1255 1256 (g) The means and methods to offset the increased loads from new sources initiating 1257 construction between July 1, 2009 and June 30, 2014 that disturb greater than one acre 1258 as a result of the utilization of an average land cover condition greater than 16% 1259 impervious cover for the design of post development stormwater management facilities. 1260 The permittee shall utilize Table 4 to develop the equivalent pollutant load for nitrogen 1261 and total suspended solids. The permittee shall offset 5% of the calculated increased DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 27 of 42
1262 load from these new sources during the permit cycle. 1263 1264 (h) The means and methods to offset the increase loads from grandfathered projects that 1265 disturb greater than one acre that being constructed after July 1, 2014 where the project 1266 utilized an average land cover condition greater than 16% impervious cover in the design 1267 of post development stormwater management facilities. The permittee shall utilize Table 1268 5 to develop the equivalent pollutant load for nitrogen and total suspended solids. 1269 Table 5: Ratio of Phosphorus Loading Rate to Nitrogen and Total Suspended Solids Loading Rates for Chesapeake Bay Basins (Based on Chesapeake Bay Program Watershed Model Phase 5.3.2) Total Ratio of Phosphorus to Suspended Other POCs (Based on Phosphorus Nitrogen Solids All Land Uses 2009 Loading Rate Loading Rate Loading Rate Progress Run) (lbs/ac) (lbs/ac) (lbs/ac) Potomac River Basin 1.0 6.9 469.2 1270 1271 (i) A list of future projects and associated acreage that qualify as grandfathered in 1272 accordance with 4VAC50-60-48. 1273 1274 (j) An estimate of the expected cost to implement the necessary reductions during the permit 1275 cycle; 1276 1277 (k) An opportunity for receipt and consideration of public comment the draft Chesapeake Bay 1278 TMDL Action Plan; and, 1279 1280 (l) A list of all comments received as a result of public comment and any modifications made 1281 to the draft Chesapeake Bay Action Plan as a result of the public comments. 1282 1283 (m) Unless specifically denied by the Department in writing, the Chesapeake Bay TMDL 1284 Action Program Plan becomes effective and enforceable 60-days after the date received 1285 by the Department. 1286 1287 2) As part of development of the Chesapeake Bay TMDL Action Plan, the permittee shall 1288 consider use of the following: 1289 1290 (a) Implementation of BMPs on unregulated urban lands provided the baseline reduction is 1291 subtracted from the total reduction prior to application of the reduction towards meeting 1292 the required reductions. 1293 1294 (b) Utilization of stream restoration projects provided the credit applied to the required POC 1295 load reduction is prorated based on the ratio of regulated urban acres to total drainage 1296 acres upstream of the restored area. 1297 1298 (c) Establishment of a memorandum of understanding (MOU) with other MS4 permittees that 1299 discharge to the same river basin to implement BMPs collectively. The MOU shall include 1300 a mechanism for dividing the POC reductions created by BMP implementation between 1301 the cooperative MS4s.
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1302 1303 (d) Utilization of any pollutant trading or offset program in accordance with §10.1-603.15:1 et 1304 seq. of the Code of Virginia governing trading and offsetting. 1305 1306 3) The permittee shall address any modification to the TMDL or watershed implementation plan 1307 that occurs during the term of this permit as part of its permit reapplication. 1308 1309 c) Chesapeake Bay TMDL Action Plan Implementation 1310 1311 1) The permittee shall implement the TMDL action required in Part I.D.1.b.1 of this permit 1312 according to the schedule therein. Compliance with this requirement represents adequate 1313 progress for this permit term towards achieving TMDL wasteload allocations consistent with 1314 the assumptions and requirements of the TMDL and shall be included in annual reports 1315 subsequent to the submission of the Chesapeake Bay Action Plan. 1316 1317 2) For the purposes of this permit, the implementation of the following represents the minimum 1318 requirements of the TMDL action plan: 1319 1320 (a) Implementation of turf and landscape nutrient management plans in accordance Part 1321 I.B.2.e); 1322 1323 (b) Implementation of Part I.B.2.a) in accordance with this permit shall address discharges 1324 from transitional sources; 1325 1326 (c) Implementation of the means and methods to address discharges from new sources in 1327 accordance with Part I.B.2.b) and in order to offset 5% of the total increase in POC loads 1328 between July 1, 2009 and June 30, 2014. Increases in the POC load from grandfathered 1329 projects initiating construction after July 1, 2014 must be offset prior to completion of the 1330 project; and, 1331 1332 (d) Implementation of means and methods sufficient to meet required reductions of POC loads 1333 from existing sources defined in this permit in accordance with the Chesapeake Bay TMDL 1334 Action Plan. 1335 1336 d) Annual Reporting Requirements 1337 1338 1) In accordance with Part I D.1.b)1), the permittee shall submit the Chesapeake Bay Action 1339 Plan. 1340 1341 2) Each subsequent annual report shall included a list of control measures implemented during 1342 the reporting period and the cumulative progress toward meeting the compliance targets for 1343 total nitrogen, phosphorus, and total suspended soils. 1344 1345 3) Each subsequent annual report shall include a list of control measures, in an electronic 1346 format provided by the department, that were implemented during the reporting cycle and the 1347 estimated reduction achieved by the control. For stormwater management controls, the 1348 report shall include the information required in Part I.C.4.a).and shall include whether an 1349 existing stormwater management control was retrofitted, and if so, the existing stormwater 1350 management control type retrofit used. DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 29 of 42
1351 1352 4) Each annual report shall include a list of control measures that are expected to be 1353 implemented during the next reporting period and the expected progress toward meeting the 1354 compliance targets for total nitrogen, phosphorus, and total suspended solids. 1355 1356 5) No later than 54-months after the effective date of this permit, the permittee shall submit the 1357 following to the Department: 1358 1359 (a) Documentation that sufficient control measures have been implemented (or documentation 1360 detailing that implementation will be complete by the expiration date of this permit) to meet 1361 the compliance target identified in this Special Condition. If temporary credits or offsets 1362 have been purchased in order to meet the compliance target, the list of temporary 1363 reductions utilized to meet the 5% reduction in this permit and a schedule of 1364 implementation to ensure a permanent 5% reduction must be provided; and, 1365 1366 (b) A draft second phase Chesapeake Bay TMDL Action Plan designed to reduce the existing 1367 pollutant of concern loads by an additional seven times the required reductions in loading 1368 rates using Table 4 of Part I.D.1.b. of this permit unless alternative calculations have been 1369 provided by the Commonwealth. The total required reductions of pollutants of concern 1370 does not need to exceed an overall total of eight times the required reductions in loading 1371 rates when combining this the required reductions of this permit and the reductions of the 1372 draft second phase. 1373 1374 2. TMDL Action Plans other than the Chesapeake Bay TMDL 1375 1376 a) TMDL Action Plan Development 1377 The permittee shall maintain an updated MS4 Program Plan that includes TMDL Action Plans for 1378 pollutants in which wasteloads have been allocated to the MS4 in approved TMDLs. Approved 1379 TMDLs as of the effective date of this permit are included in Attachment A of this permit. TMDL 1380 Action Plans may be implemented in multiple phases over more than one permit cycle using the 1381 adaptive iterative approach provided adequate progress is made to reduce pollutant discharges 1382 in a manner that is consistent with the assumptions and requirements of the applicable TMDL 1383 wasteload allocations. Progress shall be demonstrated by representative and adequate 1384 monitoring or other methods (e.g. modeling) as described in Part I.D.2.b) 5) below. These TMDL 1385 Actions Plans shall identify the best management practices and other interim milestone activities 1386 to be implemented during the remaining term of this permit. The plan shall include an estimated 1387 end date for achieving the applicable wasteload allocations and, for planning purposes, a 1388 projection of BMPs and other implementation steps expected to address the WLA, outside of the 1389 permit term, as applicable. 1390 1391 1) No later than 24 months after the effective date of this permit, the permittee shall update the 1392 MS4 Program Plans to address any new or modified requirements established under this 1393 Special Condition for pollutants identified in TMDL wasteload allocations approved prior to July 1394 8, 2008. 1395 1396 2) No later than 24 months after the effective date of this permit, the permittee shall update the 1397 MS4 Program Plan to incorporate Action Plans that identify the best management practices 1398 and other implementation steps that will be implemented during the remaining term of this
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1399 permit for pollutants identified in TMDL wasteload allocations approved either on or after July 1400 8, 2008 and prior to issuance of this permit. 1401 1402 3) No later than 24 months after the approval of a TMDL which allocates a pollutant wasteload to 1403 the permittee, the permittee shall update the MS4 Program Plan with TMDL Action Plans that 1404 identify the best management practices and other steps that will be implemented during the 1405 remaining term of this permit for pollutants identified in TMDL wasteload allocations approved 1406 after issuance of this permit for impairment listed on 2012 303(d)/305(b) list and for which a 1407 TMDL schedule identifies its development as occurring during this permit cycle. 1408 1409 4) Unless specifically denied by the Department in writing, TMDL Action Plans become effective 1410 and enforceable 60-days after the date received by the Department. 1411 1412 b) TMDL Action Plan Content The permittee shall: 1413 1414 1) Develop and maintain a list of its legal authorities such as ordinances, permits, order, specific 1415 contract language, and inter-jurisdictional agreements applicable to reducing the pollutant 1416 identified in a WLA; 1417 1418 2) Identify and maintain an updated list of all additional management practices, control techniques 1419 and system design and engineering methods, beyond those identified in Section I B, that have 1420 been implemented as part of the MS4 Program Plan that are applicable to reducing the 1421 pollutant identified in the WLA; 1422 1423 3) Enhance the public education and outreach and employee training programs to also promote 1424 methods to eliminate and reduce discharges of the pollutants identified in the WLA; 1425 1426 4) Assess all facilities of concern owned or operated by the permittee that are not covered under 1427 a separate VPDES permit and identify all municipal facilities that may be a significant source of 1428 the identified pollutant. For the purpose of this assessment, significant source is identified as 1429 facilities of concern where the pollutant discharge is expected to be greater than that average 1430 expected existing discharge for the land use identified in the TMDL. For example, the 1431 discharge of bacteria would be expected to be greater at a dog park than at other recreational 1432 facilities where dogs are prohibited. 1433 1434 5) Develop and implemented a method to assess TMDL Action Plans for their effectiveness in 1435 reducing the pollutants identified in the WLAs. The evaluation shall use any newly available 1436 information, water quality monitoring results or modeling tools to estimate pollutant reductions 1437 for the pollutant(s) of concern from implementation of the MS4 Program Plan. Monitoring may 1438 include BMP, outfall, or in-stream monitoring, utilize existing data, establish partnerships, or 1439 collaborate with other or other third parties, as appropriate. This evaluation shall include 1440 assessment of the facilities identified in d above. The methodology used for assessment shall 1441 be described in the TMDL Action Plan. 1442 1443 3. Monitoring Analytical methods for any monitoring shall be conducted according to procedures 1444 approved under 40 CFR Part 136 or alternative methods approved by the Environmental Protection 1445 Agency (EPA). Where an approved 40 CFR Part 136 method does not exist, the permittee shall use DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 31 of 42
1446 a method consistent with the TMDL. 1447 1448 4. The permittee is encouraged to participate as a stakeholder in the development of any TMDL 1449 implementation plans applicable to their discharge. The permittee may incorporate applicable best 1450 management practices identified in the TMDL implementation plan in the MS4 Program Plan or may 1451 choose to implement BMPs of equivalent design and efficiency provided that the rationale for any 1452 substituted BMP is provided and the efficiency provided that the rational for any substituted BMP is 1453 provided an the substituted BMP is consistent with the assumptions and requirements of the TMDL 1454 WLA. 1455 1456 5. Annual Reporting Requirements 1457 1458 a) The permittee shall submit the required TMDL Action Plans for its review and acceptance with the 1459 appropriate annual report associated schedule identified in this permit. 1460 1461 b) The permittee shall report on the implementation of the TMDL Action Plans and associated 1462 evaluation including the results of any monitoring conducted as part of the evaluation. 1463 1464 6. The permittee shall identify the best management practices and other steps that will be implemented 1465 during the next permit term as part of the permittee’s reapplication for coverage as required under 1466 Section II.M. The permittee shall also evaluate and modify the estimated end date for achieving the 1467 applicable wasteload based on information acquired during the permit cycle. 1468 1469 E. Annual Reporting 1470 1471 The permittee shall submit the annual report to the Department of Conservation and Recreation, no 1472 later than October 1 of each year. The report shall cover the previous fiscal year from July 1 to June 1473 30 and include the following separate sections: 1474 1475 1. Background Information 1476 1477 a) The permittee and permit number of the program submitting the annual report; 1478 1479 b) Any modifications to the MS4 Program Plan as a result of the annual report; 1480 1481 c) The reporting dates for which the annual report is being submitted; and, 1482 1483 d) Certification as per Part II.K. 1484 1485 2. A summary of the implementation of each of the components established under Part I.B. and an 1486 evaluation of the effectiveness of each component. The permittee should attempt to limit any 1487 component’s narrative summary to no longer than two-pages plus any necessary tables and 1488 figures. 1489 1490 3. A summary report of the monitoring programs listed under Part I.C. 1491 1492 4. A summary of the implementation of each component listed under Part I.D. 1493 1494 5. The Specific Reporting Requirements identified in this permit. DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 32 of 42
1495 1496 1497 F. DEFINITIONS 1498 1499 Definitions contained in the Virginia Stormwater Management Act, Part I (4VAC50-60-10) and Federal 1500 NPDES rules, 40 CFR Part 122, apply where a definition is not specified below. Unless otherwise 1501 specified in this permit, additional definitions or words or phrases used in this permit are as follows: 1502 1503 1. "Best management practice" or "BMP" means schedules of activities, prohibitions of practices, 1504 including both structural and nonstructural practices, maintenance procedures, and other 1505 management practices to prevent or reduce the pollution of surface waters and groundwater 1506 systems from the impacts of land-disturbing activities. 1507 1508 2. “Board” means the Virginia Soil and Water Conservation Board 1509 1510 3. “Date brought on line” means the date when the permittee determines that a new stormwater 1511 management facility is properly functioning to meet its designed pollutant load reduction. 1512 1513 4. “DCR” or “Department” means the Department of Conservation and Recreation. 1514 1515 5. “DEQ” means the Department of Environmental Quality 1516 1517 6. “High priority municipal facility” means any facility owned and operated by the permittee or 1518 regulated under this permit that performs fleet maintenance; recycling activities, outdoor equipment 1519 and machinery storage; or the unloading, loading or storage of erodible, floatable or soluble 1520 materials or chemicals without protection from exposure to precipitation. 1521 1522 7. “Industrial land use” means land utilized in connection with manufacturing, processing, or raw 1523 materials storage at facilities identified under 40 CFR §122.26(b)(14). 1524 1525 8. “Maintenance” means maintenance on the MS4 and associated structural stormwater controls 1526 including, but not limited to, activities such as inspections of basins and ponds; repair and 1527 replacement of failed controls, mowing grass filter strips; regular removal of litter and debris from 1528 dry ponds, forebays and water quality inlets; periodic stabilization and revegetation of eroded areas; 1529 periodic removal and replacement of filter media from infiltration trenches and filtration ponds; 1530 periodic removal of trash and sediment; deep tilling of infiltration basins to maintain capacity; 1531 vacuuming or jet hosing of porous pavement or concrete grid pavements; and, removal of litter and 1532 debris from wet weather conveyances. 1533 1534 9. “Permittee” means Arlington County. 1535 1536 10. “Physically interconnected” means that one MS4 is connected to a second MS4 in such a manner 1537 that it allows for direct discharges to the second system. 1538 1539 11. “Retrofit” means the modification of existing stormwater management facilities, as defined herein, 1540 including flood control structures, through construction and/or enhancement in order to address 1541 water quality improvements. Retrofit also means the installation or implementation of source 1542 reductions to provide water quality improvements on previously developed land where no 1543 stormwater source reductions previously existed. 1544
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1545 1546 PART II-CONDITIONS APPLICABLE TO ALL VSMP MS4 PERMITS 1547 1548 A. MONITORING 1549 1550 1. Samples and measurements taken for the purpose of monitoring shall be representative of the 1551 monitored activity. 1552 1553 2. Monitoring shall be conducted according to procedures approved under 40 CFR Part 136 or 1554 alternative methods approved by the U.S. Environmental Protection Agency, unless other procedures 1555 have been specified in this permit. 1556 1557 3. The permittee shall periodically calibrate and perform maintenance procedures on all monitoring and 1558 analytical instrumentation at intervals that will ensure accuracy of measurements. 1559 1560 B. RECORDS 1561 1562 1. Monitoring records/reports shall include: 1563 1564 a) The date, exact place, and time of sampling or measurements; 1565 1566 b) The individual(s) who performed the sampling or measurements; 1567 1568 c) The date(s) and time(s) analyses were performed; 1569 1570 d) The individual(s) who performed the analyses; 1571 1572 e) The analytical techniques or methods used; and 1573 1574 f) The results of such analyses. 1575 1576 2. The permittee shall retain records of all monitoring information, including all calibration and 1577 maintenance records and all original strip chart recordings for continuous monitoring 1578 instrumentation; copies of all reports required by this permit; and records of all data used to 1579 complete the registration statement for this permit, for a period of at least 3 years from the date of 1580 the sample, measurement, report or request for coverage. This period of retention shall be 1581 extended automatically during the course of any unresolved litigation regarding the regulated activity 1582 or regarding control standards applicable to the permittee, or as requested by the Board. 1583 1584 C. REPORTING MONITORING RESULTS 1585 1586 1. Monitoring results shall be submitted as part of the annual report unless otherwise specified in this 1587 permit to the Department of Conservation and Recreation, Division of Soil and Water 1588 Conservation, Stormwater Permitting, 203 Governor Street, Suite 206, Richmond, VA 23219. 1589 1590 2. Monitoring results shall be reported on a Discharge Monitoring Report (DMR) or on forms provided, 1591 approved or specified by the Department. For the purposes of this permit, the permittee may report 1592 the results of any monitoring in any format provided that the date, location, parameter, method, and 1593 result of the monitoring activity are included. 1594
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1595 3. If the permittee monitors any pollutant specifically addressed by this permit more frequently than 1596 required by this permit using test procedures approved under 40 CFR Part 136 or using other test 1597 procedures approved by the U.S. Environmental Protection Agency or using procedures specified in 1598 this permit, the results of this monitoring shall be included in the calculation and reporting of the data 1599 submitted in the DMR or reporting form specified by the Department. 1600 1601 4. Calculations for all limitations other than those calculated for bacteria that require averaging of 1602 measurements shall utilize an arithmetic mean unless otherwise specified in this permit. 1603 Calculations for calculated for bacteria limitations that require averaging of measurements shall 1604 utilize a geometric mean unless otherwise specified in this permit. 1605 1606 D. DUTY TO PROVIDE INFORMATION 1607 1608 The permittee shall furnish to the Department, within a reasonable time, any information which the 1609 Board may request to determine whether cause exists for modifying, revoking and reissuing, or 1610 terminating this permit or to determine compliance with this permit. The Board may require the 1611 permittee to furnish, upon request, such plans, specifications, and other pertinent information as may 1612 be necessary to determine the effect of the wastes from this discharge on the quality of surface waters, 1613 or such other information as may be necessary to accomplish the purposes of the Virginia Stormwater 1614 Management Act. The permittee shall also furnish to the Department upon request, copies of records 1615 required to be kept by this permit. 1616 1617 E. COMPLIANCE SCHEDULE REPORTS 1618 1619 Reports of compliance or noncompliance with, or any progress reports on, interim and final 1620 requirements contained in any compliance schedule of this permit shall be submitted no later than 14 1621 days following each schedule date. 1622 1623 F. UNAUTHORIZED STORMWATER DISCHARGES 1624 1625 Pursuant to § 10.1-603.2:2 (A) of the Code of Virginia, except in compliance with a permit issued by the 1626 board, it shall be unlawful to cause a stormwater discharge from a MS4. 1627 1628 G. REPORTS OF UNAUTHORIZED DISCHARGES 1629 1630 Any operator of a regulated MS4 who discharges or causes or allows a discharge of sewage, industrial 1631 waste, other wastes or any noxious or deleterious substance or a hazardous substance or oil in an 1632 amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 1633 CFR Part 117 or 40 CFR Part 302 that occurs during a 24-hour period into or upon surface waters; or 1634 who discharges or causes or allows a discharge that may reasonably be expected to enter surface 1635 waters, shall notify the Department of Environmental Quality of the discharge immediately upon 1636 discovery of the discharge, but in no case later than within 24 hours after said discovery. A written 1637 report of the unauthorized discharge shall be submitted to the Department of Environmental Quality 1638 and the Department, within five days of discovery of the discharge. The written report shall contain: 1639 1640 1. A description of the nature and location of the discharge; 1641 1642 2. The cause of the discharge; 1643 1644 3. The date on which the discharge occurred; DRAFT Arlington County MS4 February 7, 2013 Permit No. VA0088579 Page 35 of 42
1645 1646 4. The length of time that the discharge continued; 1647 1648 5. The volume of the discharge; 1649 1650 6. If the discharge is continuing, how long it is expected to continue; 1651 1652 7. If the discharge is continuing, what the expected total volume of the discharge will be; and 1653 1654 8. Any steps planned or taken to reduce, eliminate and prevent a recurrence of the present discharge 1655 or any future discharges not authorized by this permit. 1656 1657 Discharges reportable to the Department of Environmental Quality and the Department under the 1658 immediate reporting requirements of other regulations are exempted from this requirement. 1659 1660 H. REPORTS OF UNUSUAL OR EXTRAORDINARY DISCHARGES 1661 1662 If any unusual or extraordinary discharge including “bypass“ or “upset“, as defined herein, should occur 1663 from a facility and the discharge enters or could be expected to enter surface waters, the permittee 1664 shall promptly notify, in no case later than 24 hours, the Department of Environmental Quality and the 1665 Department by telephone after the discovery of the discharge. This notification shall provide all 1666 available details of the incident, including any adverse affects on aquatic life and the known number of 1667 fish killed. The permittee shall produce a written report and submit it to the Department of 1668 Environmental Quality and the Department within five days of discovery of the discharge in accordance 1669 with Part II.I.2. Unusual and extraordinary discharges include but are not limited to any discharge 1670 resulting from: 1671 1672 1. Unusual spillage of materials resulting directly or indirectly from processing operations; 1673 1674 2. Breakdown of processing or accessory equipment; 1675 1676 3. Failure or taking out of service some or all of the facilities; and 1677 1678 4. Flooding or other acts of nature. 1679 1680 I. REPORTS OF NONCOMPLIANCE 1681 1682 The permittee shall report any noncompliance, which may adversely affect surface waters or may 1683 endanger public health. 1684 1685 1. An oral report shall be provided within 24 hours from the time the permittee becomes aware of the 1686 circumstances. The following shall be included as information, which shall be reported within 24 1687 hours under this paragraph: 1688 1689 a) Any unanticipated bypass; and 1690 1691 b) Any upset which causes a discharge to surface waters. 1692 1693 2. A written report shall be submitted within 5 days and shall contain: 1694
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1695 a) A description of the noncompliance and its cause; 1696 1697 b) The period of noncompliance, including exact dates and times, and if the noncompliance has 1698 not been corrected, the anticipated time it is expected to continue; and 1699 1700 c) Steps taken or planned to reduce, eliminate, and prevent reoccurrence of the 1701 noncompliance. 1702 1703 The Board or its designee may waive the written report on a case-by-case basis for reports of 1704 noncompliance under Part II.I if the oral report has been received within 24 hours and no adverse 1705 impact on surface waters has been reported. 1706 1707 3. The permittee shall report all instances of noncompliance not reported under Parts II.I.1 or 2, in 1708 writing, at the time the next monitoring reports are submitted. The reports shall contain the 1709 information listed in Part II.I.2. 1710 1711 NOTE: The immediate (within 24 hours) reports required in Parts III G, H and I may be made to 1712 the Department of Environmental Quality’s Regional Office. Reports may be made by 1713 telephone or by fax. For reports outside normal working hours, leave a message and this 1714 shall fulfill the immediate reporting requirement. For emergencies, the Virginia Department 1715 of Emergency Services maintains a 24 hour telephone service at 1-800-468-8892. 1716 1717 4. Whenever the permittee becomes aware of a failure to submit any relevant facts, or submitted 1718 incorrect information in any report to the Department, it shall promptly submit such facts or 1719 information. 1720 1721 J. NOTICE OF PLANNED CHANGES 1722 1723 1. The permittee shall give notice to the Department as soon as possible of any planned physical 1724 alterations or additions to the permitted facility. Notice is required only when: 1725 1726 a) The permittee plans alteration or addition to any building, structure, facility, or installation from 1727 which there is or may be a discharge of pollutants, the construction of which commenced: 1728 1729 1) After promulgation of standards of performance under Part 306 of the Clean Water Act 1730 that are applicable to such source; or 1731 1732 2) After proposal of standards of performance in accordance with Section 306 of the Clean 1733 Water Act that are applicable to such source, but only if the standards are promulgated in 1734 accordance with Section 306 within 120 days of their proposal. 1735 1736 b) The permittee plans alteration or addition that would significantly change the nature or increase 1737 the quantity of pollutants discharged. This notification applies to pollutants which are not subject 1738 to effluent limitations in this permit; or 1739 1740 2. The permittee shall give advance notice to the Department of any planned changes in the permitted 1741 facility or activity, which may result in noncompliance with permit requirements. 1742 1743 K. SIGNATORY REQUIREMENTS 1744
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1745 1. Registration Statement. All registration statements shall be signed as follows: 1746 1747 a) For a corporation: by a responsible corporate officer. For the purpose of this subsection, a 1748 responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of 1749 the corporation in charge of a principal business function, or any other person who performs 1750 similar policy- or decision-making functions for the corporation, or (ii) the manager of one or 1751 more manufacturing, production, or operating facilities, provided the manager is authorized to 1752 make management decisions which govern the operation of the regulated facility including 1753 having the explicit or implicit duty of making major capital investment recommendations, and 1754 initiating and directing other comprehensive measures to assure long term environmental 1755 compliance with environmental laws and regulations; the manager can ensure that the 1756 necessary systems are established or actions taken to gather complete and accurate 1757 information for permit application requirements; and where authority to sign documents has 1758 been assigned or delegated to the manager in accordance with corporate procedures; 1759 1760 b) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively; or 1761 1762 c) For a municipality, state, federal, or other public agency: by either a principal executive officer 1763 or ranking elected official. For purposes of this subsection, a principal executive officer of a 1764 public agency includes: 1765 1766 1) The chief executive officer of the agency, or 1767 1768 2) A senior executive officer having responsibility for the overall operations of a principal 1769 geographic unit of the agency. 1770 1771 2. Reports, etc. All reports required by permits, and other information requested by the Board shall be 1772 signed by a person described in Part II.K.1, or by a duly authorized representative of that person. A 1773 person is a duly authorized representative only if: 1774 1775 a) The authorization is made in writing by a person described in Part II.K.1; 1776 1777 b) The authorization specifies either an individual or a position having responsibility for the overall 1778 operation of the regulated facility or activity such as the position of plant manager, operator of a 1779 well or a well field, superintendent, position of equivalent responsibility, or an individual or 1780 position having overall responsibility for environmental matters for the operator. A duly 1781 authorized representative may be either a named individual or any individual occupying a 1782 named position that has been submitted to the Department; and 1783 1784 c) The written authorization is submitted to the Department. 1785 1786 3. Changes to authorization. If an authorization under Part II.K.2 is no longer accurate because a 1787 different individual or position has responsibility for the overall operation of the facility, a new 1788 authorization satisfying the requirements of Part II.K.2 shall be submitted to the Department prior to 1789 or together with any reports, or information to be signed by an authorized representative. 1790 1791 4. Certification. In accordance with 4VAC50-60-370, person signing a document under Parts II.K.1 or 1792 2 shall make the following certification: 1793 1794 "I certify under penalty of law that this document and all attachments were prepared under my
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1795 direction or supervision in accordance with a system designed to assure that qualified personnel 1796 properly gather and evaluate the information submitted. Based on my inquiry of the person or 1797 persons who manage the system, or those persons directly responsible for gathering the 1798 information, the information submitted is, to the best of my knowledge and belief, true, accurate, and 1799 complete. I am aware that there are significant penalties for submitting false information, including 1800 the possibility of fine and imprisonment for knowing violations." 1801 1802 L. DUTY TO COMPLY 1803 1804 The permittee shall comply with all conditions of this permit. Any permit noncompliance constitutes a 1805 violation of the Virginia Stormwater Management Act and the Clean Water Act, except that 1806 noncompliance with certain provisions of this permit may constitute a violation of the Virginia 1807 Stormwater Management Act but not the Clean Water Act. Permit noncompliance is grounds for 1808 enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a 1809 permit renewal application. 1810 1811 The permittee shall comply with effluent standards or prohibitions established under Section 307(a) of 1812 the Clean Water Act for toxic pollutants within the time provided in the regulations that establish these 1813 standards or prohibitions or standards for sewage sludge use or disposal, even if this permit has not 1814 yet been modified to incorporate the requirement. 1815 1816 1817 M. DUTY TO REAPPLY 1818 1819 If the permittee wishes to continue an activity regulated by this permit after the expiration date of this 1820 permit, the permittee shall submit a completed EPA Form 1, an updated MS4 Program Plan including 1821 benchmarks and milestones for the next permit cycle and the second phase of the Chesapeake Bay 1822 TMDL action plan, at least 180 days before the expiration date of the existing permit, unless permission 1823 for a later date has been granted by the Board. The Board shall not grant permission for registration 1824 statements to be submitted later than the expiration date of the existing permit. 1825 1826 N. EFFECT OF A PERMIT 1827 1828 This permit does not convey any property rights in either real or personal property or any exclusive 1829 privileges, nor does it authorize any injury to private property or invasion of personal rights, or any 1830 infringement of federal, state or local law or regulations. 1831 1832 O. STATE LAW 1833 1834 Nothing in this permit shall be construed to preclude the institution of any legal action under, or relieve 1835 the permittee from any responsibilities, liabilities, or penalties established pursuant to any other state 1836 law or regulation or under authority preserved by Section 510 of the Clean Water Act. Except as 1837 provided in permit conditions on "bypassing" (Part II.U), and "upset" (Part II.V) nothing in this permit 1838 shall be construed to relieve the permittee from civil and criminal penalties for noncompliance. 1839 1840 P. OIL AND HAZARDOUS SUBSTANCE LIABILITY 1841 1842 Nothing in this permit shall be construed to preclude the institution of any legal action or relieve the 1843 permittee from any responsibilities, liabilities, or penalties to which the permittee is or may be subject 1844 under Sections 62.1-44.34:14 through 62.1-44.34:23 of the State Water Control Law or section 311 of
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1845 the Clean Water Act. 1846 1847 Q. PROPER OPERATION AND MAINTENANCE 1848 1849 The permittee shall at all times properly operate and maintain all facilities and systems of treatment and 1850 control (and related appurtenances) which are installed or used by the permittee to achieve compliance 1851 with the conditions of this permit. Proper operation and maintenance also includes effective plant 1852 performance, adequate funding, adequate staffing, and adequate laboratory and process controls, 1853 including appropriate quality assurance procedures. This provision requires the operation of back-up 1854 or auxiliary facilities or similar systems, which are installed by the permittee only when the operation is 1855 necessary to achieve compliance with the conditions of this permit. 1856 1857 1858 R. DISPOSAL OF SOLIDS OR SLUDGES 1859 1860 Solids, sludges or other pollutants removed in the course of treatment or management of pollutants 1861 shall be disposed of in a manner so as to prevent any pollutant from such materials from entering 1862 surface waters. 1863 1864 S. DUTY TO MITIGATE 1865 1866 The permittee shall take all reasonable steps to minimize or prevent any discharge in violation of this 1867 permit, which has a reasonable likelihood of adversely affecting human health or the environment. 1868 1869 T. NEED TO HALT OR REDUCE ACTIVITY NOT A DEFENSE 1870 1871 It shall not be a defense for a permittee in an enforcement action that it would have been necessary to 1872 halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 1873 1874 U. BYPASS 1875 1876 1. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility. 1877 The permittee may allow any bypass to occur which does not cause effluent limitations to be 1878 exceeded, but only if it also is for essential maintenance to assure efficient operation. These 1879 bypasses are not subject to the provisions of Parts II.U.2 and U.3. 1880 1881 2. Notice 1882 1883 a) Anticipated Bypass. If the permittee knows in advance of the need for a bypass, prior notice 1884 shall be submitted, if possible at least ten days before the date of the bypass. 1885 1886 b) Unanticipated Bypass. The permittee shall submit notice of an unanticipated bypass as 1887 required in Part II.I. 1888 1889 3. Prohibition of bypass. 1890 1891 a) Bypass, as defined in 4VAC50-60-10, is prohibited, and the Board or its designee may take 1892 enforcement action against a permittee for bypass, unless: 1893 1894 1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property
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1895 damage; 1896 1897 2) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment 1898 facilities, retention of untreated wastes, or maintenance during normal periods of 1899 equipment downtime. This condition is not satisfied if adequate back-up equipment 1900 should have been installed in the exercise of reasonable engineering judgment to prevent 1901 a bypass which occurred during normal periods of equipment downtime or preventive 1902 maintenance; and 1903 1904 3) The permittee submitted notices as required under Part II.U.2. 1905 1906 b) The Board or its designee may approve an anticipated bypass, after considering its adverse 1907 effects, if the Board determines that it will meet the three conditions listed above in Part II.U.3 1908 a. 1909 1910 V. UPSET 1911 1912 1. An upset, as defined in 4VAC50-60-10, constitutes an affirmative defense to an action brought for 1913 noncompliance with statutory based permit effluent limitations if the requirements of Part II V 2 are 1914 met. A determination made during administrative review of claims that noncompliance was caused 1915 by upset, and before an action for noncompliance, is not a final administrative action subject to 1916 judicial review. 1917 1918 2. An upset does not include noncompliance to the extent caused by operational error, improperly 1919 designed treatment facilities, inadequate treatment facilities, lack of preventative maintenance, or 1920 careless or improper operation. 1921 1922 3. A permittee who wishes to establish the affirmative defense of upset shall demonstrate, through 1923 properly signed, contemporaneous operating logs, or other relevant evidence that: 1924 1925 An upset occurred and that the permittee can identify the cause(s) of the upset; 1926 1927 a) The permitted facility was at the time being properly operated; 1928 1929 b) The permittee submitted notice of the upset as required in Part II.I; and 1930 1931 c) The permittee complied with any remedial measures required under Part II.S. 1932 1933 4. In any enforcement preceding the permittee seeking to establish the occurrence of an upset has the 1934 burden of proof. 1935 1936 W. INSPECTION AND ENTRY 1937 1938 The permittee shall allow the Director as the Board’s designee, or an authorized representative 1939 (including an authorized contractor acting as a representative of the Director), upon presentation of 1940 credentials and other documents as may be required by law, to: 1941 1942 1. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or 1943 where records must be kept under the conditions of this permit; 1944
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1945 2. Have access to and copy, at reasonable times, any records that must be kept under the conditions 1946 of this permit; 1947 1948 3. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), 1949 practices, or operations regulated or required under this permit; and 1950 1951 4. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as 1952 otherwise authorized by the Clean Water Act and the Virginia Stormwater Management Act, any 1953 substances or parameters at any location. 1954 1955 For purposes of this subsection, the time for inspection shall be deemed reasonable during regular 1956 business hours, and whenever the facility is discharging. Nothing contained herein shall make an 1957 inspection unreasonable during an emergency. 1958 1959 X. PERMIT ACTIONS 1960 1961 Permits may be modified, revoked and reissued, or terminated for cause. The filing of a request by the 1962 permittee for a permit modification, revocation and reissuance, or termination, or a notification of 1963 planned changes or anticipated noncompliance does not stay any permit condition. 1964 1965 Y. TRANSFER OF PERMITS 1966 1967 1. Permits are not transferable to any person except after notice to the Department. Except as 1968 provided in Part II.Y.2, a permit may be transferred by the permittee to a new owner or operator only 1969 if the permit has been modified or revoked and reissued, or a minor modification made, to identify 1970 the new permittee and incorporate such other requirements as may be necessary under the Virginia 1971 Stormwater Management Act and the Clean Water Act. 1972 1973 2. As an alternative to transfers under Part II.Y.1., this permit may be automatically transferred to a 1974 new permittee if: 1975 1976 a) The current permittee notifies the Department at least 2 days in advance of the proposed 1977 transfer of the title to the facility or property; 1978 1979 b) The notice includes a written agreement between the existing and new permittees containing a 1980 specific date for transfer of permit responsibility, coverage, and liability between them; and 1981 1982 c) The Board does not notify the existing permittee and the proposed new permittee of its intent to 1983 modify or revoke and reissue the permit. If this notice is not received, the transfer is effective 1984 on the date specified in the agreement mentioned in Part II.Y.2.b.
1985 1986 Z. SEVERABILITY 1987 1988 The provisions of this permit are severable, and if any provision of this permit or the application of any 1989 provision of this permit to any circumstance is held invalid, the application of such provision to other 1990 circumstances, and the remainder of this permit, shall not be affected thereby.
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Attachment A: Total Maximum Daily Load Reports with Wasteload Allocations to VAR0088579-Arlington County
EPA SWCB TMDL Wasteload Consolidated TMDL Project Final Report Approval Approval Pollutant(s) Allocation Wasteload Date Date
TMDL Report: Bacteria TMDLs for the Hunting Creek, Cameron Run and Holmes Run Watersheds
Hunting Creek E. Coli http://www.deq.virginia.gov/tmdl/apptmdls/potrvr/huntingec.pdf 11/10/2010 8/4/2011 3.68E11 cfu/yr Yes
TMDL Report: Bacteria TMDL for the Tidal Four Mile Run Watershed
Tidal Four Mile E. Coli http://www.deq.virginia.gov/tmdl/apptmdls/potrvr/tidalfourmile.pdf 6/14/2010 9/30/2010 2.23E13 cfu/yr Yes Run
TMDL Report: Fecal Coliform TMDL (Total Maximum Daily Load) Development for Four Mile Run, Virginia
Fecal Four Mile Run http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/apptmdls/potrvr/fourmlrn1.pdf 5/31/2002 6/17/2004 2.04E13 cfu/yr Yes Coliform
TMDL Report: Chesapeake Bay Total Maximum Daily Load for Nitrogen, Phosphorus and Sediment Nitrogen 69,035.49 lbs/yr * POTTF_DC Phosphorus http://www.epa.gov/reg3wapd/tmdl/ChesapeakeBay/tmdlexec.html 12/29/2010 - 7,050.92 lbs/yr * Sediment 2,801,683.02 lbs/yr * Nitrogen 56,247.82 lbs/yr * POTTF_VA Phophorus http://www.epa.gov/reg3wapd/tmdl/ChesapeakeBay/tmdlexec.html 12/29/2010 - 9,110.41 lbs/yr * Sediment 2,427,655.13 lbs/yr *
TMDL Report: Potomac RiverTotal Maximum Daily Loads of Polychlorinated Biphenyls (PCBs) for Tidal Portions of the Potomac and Anacostia Rivers in the District of Columbia, Maryland, and Virginia
Potomac River PCB http://www.epa.gov/waters/tmdldocs/TidalPotomac_PCB_TMDL_10-31-07.pdf 10/31/2007 4/11/2008 See TMDL Report Yes
* The Chesapeake Bay TMDL established wasteload allocations specific to VA0088579 but based the wasteload allocations on all MS4s located in the jurisdiction. As such, the TMDL essentially consolidated the wasteloads of all regulated MS4 stormwater in the jurisdiction but allocated the entire wasteload to the Arlington County MS4.
1991